Ali Tabari
Ali is a well-established leading junior, consistently ranked in the legal directories since 2014 and described variously as “a highly skilled and persuasive advocate”, “exceptional on his feet.”, “very incisive”, “a pleasure to deal with”, “very approachable, responsive and friendly”, and “absolutely fantastic”. He has a busy and thriving commercial practice focussing on heavy commercial litigation involving fraud, insolvency and finance aspects. His experience in those fields also leads to instructions in professional liability cases involving solicitors, accountants, IFAs and surveyors.
He regularly appears in lengthy trials in the High Court, and has been instructed alone in the Court of Appeal several times. He has recently been a led junior in cases variously concerning large-scale breaches of warranty, defective share sale agreements, fraudulent trading by a company director, and civil orders resulting from the largest-ever successful prosecution by the Serious Fraud Office.
Ali is an accredited civil/commercial mediator through ADR Group, and uses those skills when instructed as the advocate in mediations. His sensible and considered approach has also led to instructions as an independent investigator for private companies requiring findings of fact and determinations of internal disputes.
Practice Areas
Panels
- Case Analysis Panel
- Contributing Author
- Q&A Panel
Qualified Year
- 2006
Experience
- Furnival Chambers (2007 - 2010)
Membership
- Midlands Commercial and Chancery Bar Association
- Association of Midlands Mediators
- Chancery Bar Association
Qualifications
- BVC (2006)
- LLB (Hons) (2004)
Education
- Nottingham Law School (2005-2006)
- Durham University (2001-2004)
9 Contributions by Ali Tabari
PRACTICE NOTES
Individual voluntary arrangements: effects on secured/unsecured creditors, proceedings, third parties, completion/default, challenges, and 2025 Protocol updates (England and Wales)
Effect of IVA on unsecured creditors
The consequences flowing from approval of an individual voluntary arrangement (IVA) are set out in section 260(2) of the Insolvency Act 1986 (IA 1986). Under that provision, once an IVA is approved it:
is deemed to have been made by the debtor at the moment the creditors decided to approve the IVA proposal; and
binds, as if they were a party to the arrangement, every person who, in accordance with the rules, was entitled to vote when the creditors decided to approve the proposal, or who would have been so entitled had they received notice of it.
An IVA becomes operative by creditor approval alone—no court order is required to bring it into effect. In legal terms, the arrangement operates as though a consensual agreement had been concluded between the debtor and each creditor at the time of approval (see Lloyds Bank plc v Ellicott at para [51]). By virtue of IA 1986, s 260(2), that agreement is treated as extending to creditors who voted against the IVA, as well as to those who were otherwise entitled to vote, binding them as if they were parties to the arrangement...
Restructuring & Insolvency
PRACTICE NOTES
Trusts, fraud and concealment in insolvency: application of sections 21 and 32 of the Limitation Act 1980 to directors and office-holders (England and Wales)
Limitation periods set the window within which a claimant must commence proceedings. Where a claim is issued after the relevant period has lapsed, a defendant may rely on a limitation defence and the court may strike it out as time-barred. For material on limitation rules in insolvency claims, see Practice Note: Limitation periods applicable to insolvency claims. That Practice Note considers sections 21 and 32 of the Limitation Act 1980 (LA 1980).
Trustees and fraud
The LA 1980 identifies two types of insolvency-relevant claims with no limitation period:
LA 1980, s 21(1)(a): claims by a beneficiary involving fraud or a fraudulent breach of trust in which the trustee was directly involved or complicit, and
LA 1980, s 21(1)(b): claims by a beneficiary to recover trust property (or its proceeds) from a trustee who is in possession of it, or who has received it and appropriated it to their own use
Under LA 1980, s 21(3), breaches of trust not falling within s 21(1) are subject to a general six-year limitation period. In insolvency, the beneficiary is typically the company in liquidation or administration.
Who is a trustee
...
Restructuring & Insolvency
PRECEDENTS
Brief details of claim template—section 423 Insolvency Act 1986 transactions defrauding creditors: declarations, restoration directions and costs (England and Wales and Scotland)
Brief details of claim
This action is brought under section 423 of the Insolvency Act 1986.
The Claimant is the [ insert office held ] at [ insert name of the company ] (the Company).
...
Restructuring & Insolvency
PRECEDENTS
Draft Court Order Template for Avoidance of Floating Charge under Insolvency Act 1986, section 245 (England and Wales)
CASE NO: [ insert case number ]
IN THE HIGH COURT OF JUSTICE, BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES, INSOLVENCY AND COMPANIES LIST (ChD); OR
IN THE HIGH COURT OF JUSTICE, BUSINESS AND PROPERTY COURTS IN [ insert location ], INSOLVENCY AND COMPANIES LIST (ChD); OR
IN THE COUNTY COURT AT [ insert location ], BUSINESS AND PROPERTY WORK
BEFORE
[DEPUTY] INSOLVENCY AND COMPANIES COURT JUDGE.............................
THE HONOURABLE [MR/MRS] JUSTICE..........................
[DEPUTY] DISTRICT JUDGE.............................
[HIS/HER] HONOUR JUDGE..........................
DATED [ insert date ]
IN THE MATTER OF [ insert company’s name...
Restructuring & Insolvency
PRECEDENTS
Insolvency Act application notice precedent to fix an office-holder’s remuneration under IR 2016 r 18.23 in liquidation or administration (England and Wales)
INSOLVENCY ACT APPLICATION NOTICE
Case No: [ insert case number ]. Court: High Court (Business and Property Courts, Insolvency and Companies List (ChD)) OR Business and Property Courts in [ insert location ] OR County Court at [ insert location ] (Business and Property Work). In the matter of [ insert company’s name ] and the Insolvency Act 1986. Parties: [ Insert Applicant(s) ] v [ Insert Respondent(s) ]. Under IR 2016 r 18.23. Parties and addresses: Applicants [ names/addresses ]; Respondents [ names/addresses ]. Application relates to [ details ]. Judge: [ level ]. Venue: [ court/hearing centre ]. Ref: [ number ].
Orders sought:
Fix remuneration at £[ insert sum ] plus VAT; disbursements £[ insert sum ].
Costs to be an expense of the [ liquidation/administration ].
Any further order or relief the court considers appropriate.
Grounds: witness statement of [ name ], dated [ date ]. Service/notice: [ names/addresses, if any, or none ]. Address for service: [ address ]. Dated/Signed/Name: ........................ [ Applicant(s)/Solicitor and position ]. Court endorsement: Date [ ], Time [ ], Place [ ]; issued at [ court/hearing centre address ]...
Restructuring & Insolvency
PRECEDENTS
Precedent Application Notice to Avoid a Floating Charge (s.245 Insolvency Act 1986) (England and Wales)
Note: Use this Precedent alongside an application notice template that accords with the Insolvency (England and Wales) Rules 2016, SI 2016/1024—refer to:
(Form IAA) IR 2016, r 1.35
Insolvency Act Application Notice
VAR Insolvency Act Application Notice
INSOLVENCY ACT APPLICATION NOTICE
CASE NO: [ insert case number ]
[ IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES INSOLVENCY AND COMPANIES LIST (ChD) OR IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS IN [ insert location ] INSOLVENCY AND COMPANIES LIST (ChD) OR IN THE COUNTY COURT AT [ insert location ] BUSINESS AND PROPERTY WORK ]
IN THE MATTER OF [ insert company’s name ] AND IN THE MATTER OF THE INSOLVENCY ACT 1986
BETWEEN [ Insert name(s) of the Applicant(s) ] Applicant(s)
AND [ Insert name(s) of the Respondent(s) ] Respondent(s)
This application is brought pursuant to section 245 of the Insolvency Act 1986...
Restructuring & Insolvency
PRECEDENTS
Precedent order on office‑holder’s application fixing remuneration and disbursements; application costs as expense of liquidation/administration (England and Wales)
CASE NO: [ insert case number ]
[ WITHIN THE HIGH COURT OF JUSTICE, BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES, INSOLVENCY AND COMPANIES LIST (ChD) OR WITHIN THE HIGH COURT OF JUSTICE, BUSINESS AND PROPERTY COURTS IN [ insert location ] INSOLVENCY AND COMPANIES LIST (ChD) OR IN THE COUNTY COURT SITTING AT [ insert location ] BUSINESS AND PROPERTY WORK...
Restructuring & Insolvency
PRECEDENTS
Witness statement precedent for office-holders: application to avoid a floating charge under s245 Insolvency Act 1986 (England and Wales)
Applicant(s): [ insert initials and surname ]; Statement number: [ insert number of witness statement eg 1st ]; Exhibit: [ insert exhibit description ]; Date: [ insert date of witness statement ]; CASE NO: [ insert case number ]
[ IN THE HIGH COURT OF JUSTICE, BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES, INSOLVENCY AND COMPANIES LIST (ChD) OR IN THE HIGH COURT OF JUSTICE, BUSINESS AND PROPERTY COURTS IN [ insert location ], INSOLVENCY AND COMPANIES LIST (ChD) OR IN THE COUNTY COURT AT [ insert location ] BUSINESS AND PROPERTY WORK ]
IN THE MATTER OF [ insert company’s name ] AND OF THE INSOLVENCY ACT 1986
BETWEEN [ Insert name(s) of the Applicant(s) ] Applicant(s) AND [ Insert name(s) of the Respondent(s) ] Respondent(s)
[ INSERT NUMBER ] WITNESS STATEMENT OF [ INSERT NAME OF OFFICE-HOLDER ]
I, [ insert name of the office-holder ], of [ insert the office-holder's business address ], state as follows:
General
I hold the role of [ insert position ] at [ insert the name and address of the office-holder’s firm ]...
Restructuring & Insolvency
PRECEDENTS
Witness statement template for office-holder’s court application to fix remuneration under Insolvency (England and Wales) Rules 2016, r 18.23
Applicant(s): [ enter initials and surname ]: [ enter number of witness statement eg 1st ] Exhibit: [ enter exhibit description ]: Date: [ enter date of witness statement ] CASE NO: [ enter case number ]
[ IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES INSOLVENCY AND COMPANIES LIST (ChD) OR IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS IN [ enter location ] INSOLVENCY AND COMPANIES LIST (ChD) OR IN THE COUNTY COURT AT [ enter location ] BUSINESS AND PROPERTY WORK ]
IN THE MATTER OF [ enter company’s name ] AND IN THE MATTER OF THE INSOLVENCY ACT 1986
BETWEEN [ enter name(s) of the Applicant(s) ] Applicant(s) AND [ enter name(s) of the Respondent(s) ] Respondent(s)
[ ENTER NUMBER ]
WITNESS STATEMENT OF [ ENTER NAME OF OFFICE-HOLDER ]
I, [ enter name of the office-holder ] of [ enter the office-holder’s business address ] WILL SAY as follows:
General
I hold the role of [ enter position ] within [ enter the name and address of the office-holder’s firm ]...
Restructuring & Insolvency
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